Sec. 1702.3615. DIRECT APPEAL IN LIMITED CASES  


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  • (a) An applicant may appeal directly to the board the denial of a license, registration, or security officer commission application if:

    (1) the sole basis of the denial is the applicant's status as a registered sex offender;

    (2) the applicant's status as a sex offender is not based on a criminal conviction that would make the applicant ineligible under Section 1702.113 or 1702.163; and

    (3) the applicant waives the applicant's right to a hearing before the State Office of Administrative Hearings.

    (b) A proceeding under Subsection (a) is governed by Chapter 2001, Government Code. A hearing must be held at a regular meeting of the board.

    (c) In a proceeding held as provided by Subsection (a), the board may approve the application if the board determines the circumstances surrounding the applicant's registration as a sex offender warrant approval based on factors previously established by rule.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.660(a), eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 906 , Sec. 18, eff. September 1, 2007.